SUNIL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. The petitioners have sought quashing of the order dated 11.2.2010 passed by the Judicial Magistrate, 1st Class, Hilsa (Nalanda) in Complaint Case No. 937(c) of 2007 by which he has refused to discharge the petitioner in a case instituted under Sections 341, 323, 380 and 504/34 of the Indian Penal Code. It has been submitted that before the present Complaint was instituted on 26.11.2007, the petitioner No. 1 had filed a First Information Report stating therein that the husband and the son of the Complainant had assaulted him on account of his protest over plucking of some vegetables. In the present Complaint, the allegation is that the petitioners assaulted the Complainant in the midst of an altercation when the Complainant protested on being abused when sorting out a quarrel between children of the two families. Evidently, both the parties belong to the same locality and are neighbours and it would be in the interest of justice, if to ensure that there is no further bad blood between them on account of continuance of the present proceedings, the present application is allowed.

(2.) IN view of such, the entire proceeding including the order dated 11.2.2010 passed by the Judicial Magistrate, 1st Class, Hilsa (Nalanda) in Complaint Case No. 937(c) of 2007 is hereby set aside. For the same reason, Chandi P.S. Case No. 299 of 2007, G.R. No. 1354 of 2007 pending before the court of Sri Shashibhushan Kumar, Judicial Magistrate 1st Class, Hilsa (Nalanda) or his successor court, is also hereby set aside. The application stands disposed off with the aforesaid directions.